Executive Order 13999 · Signed Jan 21, 2021

86 FR 7211 · Published Jan 26, 2021 · Effective on signing

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Protecting Worker Health and Safety

worker safetyCOVID-19 pandemicworkplace regulationOSHA enforcementpublic health

Signed by President Joseph R. Biden Jr.

Directs the Department of Labor's OSHA to issue revised COVID-19 workplace safety guidance within two weeks, launch a national enforcement program targeting the highest-risk violations, and consider issuing emergency temporary standards — including mask requirements — by March 15, 2021.

Establishes a coordinated federal effort to extend COVID-19 worker protections beyond OSHA's direct reach, covering public employees, agricultural and mine workers, and other workers not protected under the Occupational Safety and Health Act.

What this order does

What it orders

The order directs the Secretary of Labor, acting through OSHA, to issue revised COVID-19 workplace safety guidance within two weeks, determine whether emergency temporary standards on COVID-19 (including masks) are necessary and if so issue them by March 15, 2021, review existing OSHA enforcement for gaps and equity concerns, launch a national enforcement program focused on violations putting the most workers at serious risk, and run a multilingual outreach campaign informing workers of their rights. OSHA is also directed to coordinate with states that have their own approved safety plans and to consult with state and local governments in states that do not.

It also directs the Secretaries of Agriculture, Labor, Health and Human Services, Transportation, and Energy to explore ways to protect workers not covered by the Occupational Safety and Health Act, and directs the Mine Safety and Health Administration to consider emergency standards for coal and metal or non-metal mines. The order does not itself impose any new legal requirement on employers or workers; actual mandatory standards are contingent on agency determinations and future rulemaking.

Who it affects

All U.S. workers — especially healthcare workers, essential workers, public employees, agricultural workers, and miners — who face COVID-19 exposure on the job. Employers subject to OSHA regulation are directly affected by potential new guidance and emergency standards.

Why it matters

Workers in high-exposure settings may gain new enforceable protections if OSHA determines emergency standards are necessary. Employers could face stricter inspections and enforcement under the new national program, particularly in industries where large numbers of workers are at serious risk.

What must happen and when

How the order is supposed to work

The order works in stages: OSHA issues revised guidance first (within two weeks), then determines independently whether emergency standards are warranted and, if so, must publish them by March 15, 2021. Enforcement and outreach programs run in parallel. Protections for workers outside OSHA's jurisdiction depend on multi-agency coordination and exploration — no mandatory standard is created for those workers by the order itself. Implementation is explicitly subject to available appropriations.

Actions and deadlines

  • Issue revised guidance to employers on workplace safety during the COVID-19 pandemicWithin 2 weeks of signing
  • Determine whether emergency temporary COVID-19 standards, including mask requirements, are necessary and issue them if warranted2021-03-15
  • Review OSHA enforcement efforts related to COVID-19 and identify short-, medium-, and long-term improvementsNo deadline specified
  • Launch a national OSHA enforcement program targeting violations that put the most workers at serious riskNo deadline specified
  • Conduct a multilingual outreach campaign informing workers of their rights under applicable lawNo deadline specified
  • Coordinate with states with approved occupational safety plans to ensure adequate COVID-19 worker protectionsNo deadline specified
  • Explore mechanisms to protect workers not covered by the Occupational Safety and Health Act during the pandemicNo deadline specified
  • Consider whether emergency temporary COVID-19 standards for coal and metal or non-metal mines are necessary and issue them if warrantedAs soon as practicable

Agencies directed to act

Department of LaborOccupational Safety and Health AdministrationMine Safety and Health AdministrationDepartment of AgricultureDepartment of Health and Human ServicesDepartment of TransportationDepartment of Energy

Authority and reach

Authorities cited

Article II

Constitutional grant of executive power to the President.

Occupational Safety and Health Act

Federal law requiring employers to provide safe workplaces; authorizes OSHA to set and enforce safety standards.

Executive Order

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Executive Order 13999: Protecting Worker Health and Safety | EO Reporter